Page:Prerogatives of the Crown.djvu/243

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Ch.XI. Sec.L] Revenue. — Forfeitures. 223 portunity of shewing his innocence, together with the circum- stance of less weight having been of late years attached to the verdict of a coroner's jury than antiently, it was considered as entitled to (a), appear to justify the assertion, that at the present day a party might legally traverse the finding of the coroner's inquest, in order to obviate the consequences of the flight of which he is accused {h). But this matter is not of much prac- tical importance, as the flight is never found. On an outlawry, whether in a criminal or civil case, the party forfeits his personal property to the Crown (c). In this case, however, the forfeiture may be obviated by a reversal of the award of the exigent, either for error in fact or law [d). But it seems, that if a person accused even of petit larceny only, makes default till the award of the exigent, his goods are for- feited, and though he is entitled to them on a reversal of the outlawry, yet he cannot claim a return of them, merely because he is acquitted at the trial of the offence for which he is in- dicted {e). Every thing which comes within the description of personal property is forfeited, without office found, in the above in- stances ; and even choses in action or debts, whether due on spe- cialty or simple contract, and whether acquired before or after the attainder (jT). And, it seems, that trusts of personalty stand in this respect on the same footing as ti'usts of realty [g). It is, however, clear, that such property as the offender holds as «executor or administrator, is not forfeitable to the Crown [h). Where the party is joint obligee of a bond with another, it seems, the King shall have the whole {i because the demand is indivisible. And, on the same ground, if another were also interested in a horse or ox with the defendant, the King shall still have the whole (Jc). We have already seen, that lands are only forfeited upon at- (a) See 2 Hawk. P. C. c. 9. s.53, 55. 966. Hawk. P. C. b. 2. c. 49. s. 9. Bul- Bac. Ab. Coroners, B. lock v. Dodds, 2 B. and Aid. 259. {b) And see 1 Bac. Ab. 755. 2 Hawk. {g) See Ibid. Cro. Jac. 312. Hob. P^C. 0.9. a. 54; but see 1 Chitty, 214. Crim. L. 731. (A) Cro. Car. 566. 2 Leon. 5 and 6. (c) Bac. Ab. Outlawry, D. 2. Moor, 100. Dyer, 309, 10. Cro. El. <<?) Ibid. 575, 851. 2 Rol. Ab. 806. (/?) Ibid. 5 Co. 110. Cro. Jac. 464. (/) 1 Wightw. 51, 2. 1 Chitty, Crim. L. 731 , 2. {k) Plowd. 243, 323. Post. s. 3. {/) Bac. Ab. IJ'orfeiture, B. 3 vol. tainder ;